Making of Recovery Plan for the Greater Bilby Macrotis lagotis 2023

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide for the protection of the environment, heritage places, wildlife, and ecological communities through a national system of environmental protection. The Act was introduced to address the problem of significant impacts on the environment, biodiversity, and heritage places caused by various human activities and to provide a framework for the conservation of biodiversity and ecological communities. The policy objective of the Act is to promote the sustainable use of natural resources while ensuring the protection of the environment. The Recovery Plan for the Greater Bilby Macrotis lagotis 2023 was made under section 269A of the Act by the Minister for the Environment and Water, jointly with the governments of New South Wales, Queensland, South Australia, Western Australia, and the Northern Territory. The plan commenced on 12 April 2023 and is available on the Department of Climate Change, Energy, the Environment and Water website. The Recovery Plan aims to address the decline of the greater bilby population by setting out measures to be taken for the species' conservation and recovery. The plan includes strategies to mitigate threats to the greater bilby, such as habitat loss, predation by feral animals, and climate change, and to improve the species' distribution and population numbers. The collaborative effort between the Commonwealth and the state and territory governments demonstrates a commitment to the conservation of the greater bilby and to the broader objectives of the Environment Protection and Biodiversity Conservation Act 1999.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to all individuals, entities, industries, and conduct that have the potential to impact matters of national environmental significance, including the protection of threatened species such as the Greater Bilby (Macrotis lagotis). This Act has a national jurisdictional reach, administered by the Commonwealth government, and is intended to provide a unified framework for environmental protection across all states and territories. The Recovery Plan for the Greater Bilby, jointly made by the Commonwealth and the respective state and territory governments under Section 269A of the Act, sets out measures to enhance the conservation status of this species. The plan, which commenced on 12 April 2023, applies to all actions that might affect the Greater Bilby and its habitat, ensuring coordinated efforts across jurisdictions. Any exclusions or exemptions from the application of the recovery plan are detailed within the plan itself, and compliance is enforced through the mechanisms provided under the overarching Act. The application of the recovery plan may be extended or further defined through subordinate instruments issued under the authority of the Act.

Key Provisions

The Recovery Plan for the Greater Bilby Macrotis lagotis, made under section 269A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), sets out the strategies and measures necessary to recover and protect the greater bilby (section 269A). This plan was developed jointly by the Minister for the Environment and Water and the governments of New South Wales, Queensland, South Australia, Western Australia, and the Northern Territory. The plan commenced on 12 April 2023 and provides detailed actions to be taken to ensure the survival and recovery of the species. The Act imposes specific obligations on the parties involved. These include the development of management strategies to address threats to the greater bilby, such as habitat destruction, predation by feral animals, and climate change (section 269A(1)(a)). The plan also requires coordinated efforts among the involved governments to implement these strategies effectively (section 269A(1)(b)). Furthermore, the Act mandates the establishment of monitoring and reporting mechanisms to track progress and adapt strategies as needed (section 269A(1)(c)). In terms of consequences for non-compliance, the EPBC Act provides for both civil and criminal penalties. Under section 474 of the Act, individuals or entities that contravene the provisions of the recovery plan may face significant fines. The maximum penalty for a corporation can reach up to $5.4 million, while individuals may be fined up to $324,000 (section 474(1)). Additionally, section 475 stipulates that officers of a corporation can be personally liable for the corporation's breaches, facing fines up to $108,000 for individuals and $540,000 for corporations. These penalties underscore the importance of adhering to the recovery plan and highlight the serious implications of failing to comply with the Act's requirements.